California-Texas Discovery Two-Step

This recent unpublished decision in California will cause all sorts of gamesmanship in asbestos litigation. A court found admissible a deposition taken under Texas law even though the plaintiff's lawyers intentionally noticed the deposition under Texas law to prevent discovery that would have been available under California law. Probably a rare incident where the California law is more favorable to defendants than Texas.

Thankfully, the decision is unpublished but it will still encourage plaintiff's counsel to engage in this type of behavior, especially if they have a witness who may be dying. Of course, as a defense lawyer, I always think that plaintiff's lawyers that try to hide things usually have something to hide. So, I might just try harder to work up a case where opposing counsel would try a stunt like this.